Patna High CourtCR. MISC./49218/2023bail granted

Bhola Ram @ Lola Ram @ Lalo Ram v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49218 of 2023 Arising Out of PS. Case No.-601 Year-2015 Thana- LAKHISARAI District- Lakhisarai ====================================================== BHOLA RAM @ LOLA RAM @ LALO RAM S/O LATE ISHWARI RAM @ ISTARI RAM R/O VILLAGE- NAWABGANJ, PS. SURAJGARHA, DIST. LAKHISARAI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Lakhisarai P.S. Case No. 601 of 2015 dated 02.09.2015, registered for the offences punishable u/ss 147, 149, 353, 332 of the Indian Penal Code.

4. As per the prosecution case, while the victim girl was taking for recording her statement under Section 164 of the Cr.P.C. to the Court of the Chief Judicial Magistrate, the relative

Patna High Court CR. MISC. No.49218 of 2023(2) dt.17-08-2023 2/3 of the victim girl along with hundred other co-accused persons created nuisance and demanded to return the victim girl and when the police personnel suggested them that they would hand over the victim girl only after completing of the proceeding. Thereafter, the accused persons started to scuffle with the police personnel and also pelted stones upon the police party.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Similarly situated co-accused person has been granted bail by the coordinate Bench of this Court vide order dated 07.04.2023 passed in Criminal Misc. No. 62265 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.49218 of 2023(2) dt.17-08-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Lakhisarai, in connection with Lakhisarai P.S. Case No. 601 of 2015.

8. The application stands allowed.

(Chandra Prakash Singh, J) vikashkr/alokU T